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TRANSFER OF INTELLECTUAL PROPERTY RIGHT AS A COMPANY ASSET IN BANKRUPTCY IN INDONESIA Al Asy'arie, Moh. Asadullah Hasan; Rahmanda, Bagus; Prasetyo, Khanza Anindita
Diponegoro Law Review Vol 9, No 1 (2024): Diponegoro Law Review April 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.1.2024.53-69

Abstract

The transfer of intellectual property rights (IPR) as a company asset during bankruptcy proceedings in Indonesia presents a complex legal landscape. This study examines the gap between existing legal frameworks and the practical realities faced by companies undergoing bankruptcy. Specifically, the research addresses the lack of clear guidelines on the valuation, transfer, and protection of IP rights, which are critical assets in the modern economy. This  study  utilizes the three research methods, which are Normative Approach and Conceptual Approach. Findings indicate significant inconsistencies and ambiguities in the legal treatment of IPR in bankruptcy cases. The aim of this research is to provide an understanding of how IPR can be included in the bankruptcy estate and distributed to entitled creditors based on an assessment by the curator. In conclusion, this research found that recommendations for legal amendments and policy interventions to bridge the identified gaps, thereby enhancing the protection and transferability of IP rights in bankruptcy contexts in Indonesia.
EMPOWERING CULTURAL COMMUNITIES IN PROTECTING TRADITIONAL EXPRESSIONS: LEGAL CHALLENGES IN THE DIGITAL AGE Roisah, Kholis; Rahayu, Rahayu; Al Asy'arie, Moh. Asadullah Hasan; Mitskaya, Elena; Wahyudi, Bryan Fayyadh Haq
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.134-156

Abstract

Protecting Traditional Cultural Expressions (TCEs) is essential for safeguarding national identity and the values of communities that inherit and transmit cultural knowledge. This doctrinal study, grounded in comprehensive literature analysis, examines Indonesia’s regulatory framework and the practical challenges of TCEs protection. Research demonstrates that the limited positive influence on cultural holder communities' welfare stems from a noticeable dearth of clear technical policies outlining the institutions and systems for equitable benefit-sharing. The protection afforded to traditional cultural expressions (TCEs) is inherently twofold: it substantiates the importance of cultural diversity, spirituality, and religious practice while also functioning as an essential tool to preclude cultural plagiarism and inappropriate exploitation. The custodial  communities remain essential bearing the primary responsibility for maintaining, revitalizing, and transmitting local knowledge, artistic forms, and ritual practices. Concurrently, the digital era amplifies risks of misuse; specifically, the ease of digitization and rapid dissemination increase vulnerability to unauthorized appropriation and misrepresentation. To confront these risks, a combined approach is required, including positive and defensive measures within intellectual property regimes—such as tailored sui generis protections—alongside complementary policy instruments that emphasize community rights. Indonesia's legislative efforts, including the 2014 Copyright Law and the 2022 Government Regulation on Communal Intellectual Property (KIK), are compromised by major implementation deficits that undermine effective practical enforcement. The core argument here is for clearer, highly specific legal tools and stronger institutional arrangements that actively facilitate benefit-sharing and protect community interests. Ultimately, the study calls for a cohesive strategy that integrates protection with cultural-based economic growth and community empowerment to guarantee sustainable, intergenerational outcomes that preserve heritage while simultaneously lifting local welfare.
Tata Kelola Produk Perikanan Penunjang Ekonomi Rakyat Al Asy'arie, Moh. Asadullah Hasan; Muhammad Hauzan Arifin; Juang Abdi Muhammad
JURNAL ABDIMAS SERAWAI Vol. 5 No. 3 (2025): Jurnal Abdimas Serawai (JAMS) - IN PROSES
Publisher : Program Studi Administrasi Fakultas Ilmu Sosial dan Ilmu Politik Universitas Muhammadiyah Bengkulu 

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36085/jams.v5i3.9060

Abstract

The fisheries sector in Kaliori Subdistrict, Rembang Regency, has great potential to support the people's economy through capture fisheries, fish farming, and small-scale seafood processing. However, small-scale fishermen face structural constraints such as the dominance of middlemen due to the suboptimal Fish Auction Site (TPI), lack of product innovation, limited access to legal protection programs, and income fluctuations. This community service activity combines demonstrations of value-added fish processing (sausages, nuggets, ekkado) that will be distributed through local MSMEs and legal education based on Law No. 7 of 2016. As a result, participants gained production skills, legal rights knowledge, and collective awareness to improve governance. Strategic recommendations include revitalizing the TPI, strengthening fishermen's cooperatives, optimizing protection programs, enforcing fisheries laws, and providing legal assistance to MSMEs. This simultaneous approach has the potential to improve the welfare of fishermen in a sustainable manner through legal-based economic and institutional strengthening.